ing his term of office, and in no case shall the aggregate sum paid to such councilman for services above enumerated exceed the sum of Three Hundred Dollars per annum. One who is councilman de facto but not de jure cannot recover compensation for office. (Sheridan vs St. Louis, 183 Mo. 1. c. 38. See Art. 4, Sec. Sec. 6. Presiding Officers-Sergeant at Arms and Assistants. The Upper House shall choose one of its own members to preside over its deliberations, who shall be known as president. The Lower House shall choose one of its own members to preside over its deliberations, who shall be known as speaker. Each House shall appoint a sergeant-at-arms and his assistants. Presiding officer holds his office at will of majority and may be removed by them at any meeting. (State ex rel. vs Alt. 26 Mo. App. 673.) His functions are legislative. (Albright vs Fisher, 164 Mo. 56.) Sec. 7. Each House, Judge of Election of Its Own Members -To Determine Rules of Proceedings-Expel MembersQuorum.-Each house shall be the judge of the election, return and qualifications of its own members and shall determine contested elections of its own members, subject to the limitations prescribed by the Constitution and laws of this State. Each house shall determine the rules of its own proceedings, except as herein provided; may arrest and punish by fine not exceeding Fifty Dollars or imprisonment in the city prison not exceeding three days, or both, any person not a member who shall be guilty of disrespect to such House by any disorderly or contemptuous behavior in its presence during its session; may punish its members for disorderly conduct, and by an affirmative vote of two-thirds of its members elect, may suspend or expel a member of such House for disorderly conduct, disqualification as set forth in section four of this article, or for malfeasance in office. A majority of all the members elect of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members. in such manner and under such penalties as each House may provide. It is solely within sphere of council to judge of qualifications of its members. Exercise of this judgment cannot be controlled by writ of mandamus. (State ex rel. vs Bersch, 83 Mo. App. 657.) When council declares member ineligible and ousts him a vacancy is created which must be filled in manner provided by Section 11 of this ar ticle. (Sheridan vs St. Louis, 183 Mo. 25, 1. c. 38.) But although council may adjudge member qualified and eligible, right of office may be investigated by the courts and eligibility may be determined in quo warranto proceedings. (Section 4 of this article; State ex rel. vs Fitzgerald, 44 Mo. 425; State ex rel. vs Dayton, 77 Mo. 678.) Contested elections must be determined by courts and not by council. (Constitution Art. 8, Sec. 9; R. S. 1899, Sec. 7029; State ex rel. vs John, 81 Mo. 13; State ex rel. vs Slover, 134 Mo. 10.) In Sheridan vs St. Louis, 183 Mo. 1. c. 31 the court says "the St. Louis House of Delegates has power to determine the contest over the election," but cites no authority for it. Quorum.-In absence of statutory re striction legislative body of municipal. ity, when lawfully in session with a quorum present, has the inherent power to adjourn by majority vote to a future date but charter and statutory provisions in regard, to adjournment and special meetings must be strictly followed. Where meeting is organized with quorum present and members are excused so that quorum is not present a smaller number than majority may adjourn from time to time. (Rackliffe & Gibson vs Duncan, 130 Mo. App. 695.) Rules may be suspended, waived or modified. (Sedalia VS Montgomery, 109 Mo. App. 197, 1. c. 210; Sedalia ex rel. vs Scott, 104 Mo. App. 595.) Sec. 8. Journal of Proceedings-Recording Vote.-Each House shall keep a journal of its proceedings, and the yeas and nays of its members on any question shall, at the request of any two members, be entered therein, and the yeas and nays shall be recorded on the final passage of all ordinances. Acts and ordinances of cities are evidenced by entries in the journal. (Stewart vs City of Clinton, 74 Mo. 603, 1. c. 611.) City is bound by journal whether true or false. Property owner is only bound when it recites truthfully those things necessary to give jurisdiction. (Paving Company vs O'Brien, 128 Mo. App. 267, 1. c. 283; Sedalia vs Montgomery, 109 Mo. App. 197, certified to Supreme Court as in conflict with Knopfi vs Roofing Company, 92 App. 279 and Sedalia vs Scott, 104 Mo. App. 595.) Silence of a member does not evidence his consent to a measure. (Carle vs De Soto; 63 Mo. App. 161, 1. c. 164.) Held in Ball vs Fagg, 67 Mo. 481 that city clerk's attestation of date of mayor's approval of city ordinance cannot be contradicted by parol evidence. Approved in Cox vs Mignery, 126 Mo. App. 669, 1. c. 679. As to whether the minutes of council or board of public improvements are admissible to show that ordinance valid upon its face was not legally passed, see Bambrick vs Campbell, 37 Mo. App. 460, 1. c. 464; Fruin Bambrick Co. vs Geist, 37 Mo. App. 509. Ordinances are entitled to the pre sumptions indulged with respect to statutes enacted by the State Legislature. Effect of alterations in journal. (Cox vs Mignery, 126 Mo. App. 669.) Signature of mayor in journal is not his official signature to ordinance; (State ex rel. vs Wilder, 211 Mo. 305, 1. c. 318.) Sec. 9. Public Improvements-Appropriating Money—Increasing or Diminishing Revenue-Vote Necessary.—A vote of the majority of all members elect of each house shall be necessary to pass ordinances for public improvements, ordinances appropriating money for any purpose, and ordinances in anywise increasing or diminishing the city revenue. Majority of de facto members is majority of members elect. (Simpson vs McGonegal, 52 Mo. App. 540; Hilgert vs Barber Asphalt Paving Co., 107 Mo. App. 385.) Sec. 10. Members of Common Council Not Appointed to Other City Office, or Employment.-No member of the Common Council shall, during the term for which he is elected, be appointed to any office under the city, nor shall he, while such member, be an employe of the city in any capacity whatever. See note to Section 4, this article. Sec. 11. Vacancies in Either House-How Filled.-All vacancies that may occur in the Common Council from any cause shall be filled until the next general city election thercafter, by a vote of the majority of a legal quorum of the House in which such vacancy exists, at any regular meeting thereof held after the meeting at which such vacancy shall have been reported to such House. At the next general city election thereafter such vacancies shall be filled by vote of the people for the unexpired portion, if any, of the term of office in which the vacancy exists. No member shall be elected to any vacancy who does not possess the qualifications required for membership in the house in which such vacancy occurred. Sec. 12. Tie in Vote for Member-Determination of.Whenever there shall be a tie in the election of any member of either House, the officer or officers canvassing the vote and authorized to certify the result of the election shall certify the facts to such House, and the parties named in such certificate shall immediately, in the presence of such House, determine by lot which shall be the member elect. Sec. 13. Meeting-Mayor May Convene-Petitions and Remonstrances.-A regular meeting of the Common Council shall be held on Monday of each week, except legal holidays, at such hour as may be fixed by ordinance, provided that an additional regular meeting shall be held in the forenoon of the last day of the fiscal year in which the Mayor's term expires; and the Common Council may also be especially convened by the Mayor in pursuance of law. Any session of either House may be continued or adjourned from day to day or for more than one day, but no adjournment of either House shall be for a longer period than until the next regular meeting thereafter, as provided in this charter, and neither house shall, without the consent of the other, adjourn to another place than that in which the two Houses shall be sitting. Petitions or remonstrances shall be presented to either or both Houses of the Common Council in writing only. Rackliffe v3 Duncan, 130 Mo. App. 695, see also Section 7 of this article. Sec. 14. Mayor May Call Special Session.-The Mayor shall call special sessions of the Common Council by proclamation, which shall be published as may be provided by ordinance. Whenever a special session of the Common Council shall have been called by the Mayor, they shall have the same powers to transact business as at a regular meeting. Special sessions of council should be called by a proclamation duly published. (Forry vs Ridge, 56 Mo. App. 615; McQuiddy vs Vineyard, 60 Mo. App. 610; Bank VS. Ridge, 183 Mo. 506.) Sec. 15. Common Council, Continuing Body-Ordinances Pending and Not Passed, Expire With End of Term.-The Common Council shall be a continuing body for and contemporaneous with the term for which the members of the Lower House are elected, and all ordinances and resolutions pending in either House which shall not have been passed by the Common Council before the end of the term for which the members of the Lower House are elected, as provided in this charter, shall expire with said term, and be of no validity or effect for any purpose whatsoever. Sec. 16. Members to Have Access to Books, Papers and Records-Committees May Investigate Transactions of Officers -May Summon Witnesses-May be Represented by Counsel.— Members of the Common Council shall at all times for the purpose of inspection, have free access to the books, papers and records of the city in all public offices, and any committee of the Common Council, or of either House thereof, may investigate the transactions and accounts of all officers having the collection, custody or disbursement of public money, or having power to approve, allow or audit demands on the treasury, and any such committee in making such investigation, or in investigating any matter that may lawfully be referred to it by said Common Council, or either House thereof, shall have power to summon witnesses, administer oaths and affirmations, and examine witnesses, and compel their attendance before them by subpoena, and any person appearing before any such committee. shall have the right to be represented by counsel. Section 1. Legislative Powers Vested in Mayor and Common Council.-All powers conferred upon the city by the charter or the general laws of the State of Missouri shall be exercised by ordinance, except as otherwise provided in this charter, and the Mayor and Common Council shall have power and authority, by ordinance, not inconsistent with the Constitution and laws of this State, and subject to the limitations expressed in this charter: The powers, obligations and liabilities of the city in general are treated in note to Article 1, Section 1. The powers of the common council, the exercise of those powers and the rowers of the city in regard to the special subjects enumerated in this article will be treated in the notes to this article. Municipal Powers.-City can exercise only such powers as are (1) expressly granted by its charter; (2) necessarily or fairly implied; (3) essential to its declared objects and purposes. (Nevada to use vs Eddy, 123 Mo. 546; St. Louis vs Bell Tele St. Louis |